Gatundu MP Moses Kuria has accused Director of Pubic Prosecutions of being influenced by outside forces in a case which seeks to cancel his bail.
Kuria accuses the DPP of playing politics with the matter. Appearing in court this morning, Kuria alleged that he is being targeted because he holds and elective office.
While making submissions during the MP’s preliminary objection to Mr Tobiko’s request, Mr Mungatana said the DPP was being driven by â€œulterior motives.â€
â€œThere is no murderous gang the accused controls, neither does he intend to spark off a genocide like what happened in Rwanda,â€ Mr Mungatana said.
If Mr Kuria was not an elected MP, he said, he would not have been in court in the first place, much less the subsequent application seeking to strip him of bail.
â€œNone of this drama would not be seen if he was not holding an elective post. There is no way this application would have been before court if the accused was a boda boda operator,â€ the lawyer said.
He called on the DPP to avoid “sideshows” and wait to argue his case during the hearing on September 11.
“It is an attempt to cause the accused to appear guilty before trial,â€ the lawyer said.
But in a rejoinder, State counsel Leornard Maingi told the court that the words Mr Kuria uttered to the â€œeffect that some people be attacked with pangasâ€ were inflammatory enough to spark violence.
â€œRemember Pangas and machetes were the weapons of choice in the genocide in Rwanda,â€ Mr Maingi said.
The prosecutor said Mr Kuria’s utterances may form the basis of a separate criminal case once investigations are complete but in the meantime he should be locked up â€œas he may continue with the same conduct.â€
â€œHe abused a concession which he had been granted and the public interest and safety should be taken into consideration as this matter is determined,â€ the prosecutor said.
Mr Maingi said the DPP’s request had been provoked â€œessentiallyâ€ by the words the politician uttered, which amount to incitement.
“We cannot allow a situation where crimes will continue to be perpetuated while the accused is out on bail,â€ he said.
But Mr Mungatana said there was an attempt by the prosecution â€œto create its own terms for bail and an apparent move to deny Mr Kuria his rights to speedy trial.â€
A similar attempt by Mr Tobiko to strip Mr Kuria if his bond was rejected on April 27..